Metropolitan Dade County v. Reyes

688 So. 2d 311 (1996)

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Metropolitan Dade County v. Reyes

Florida Supreme Court
688 So. 2d 311 (1996)

Facts

Orlando Reyes slipped and fell while making a delivery at a Dade County jail. As required by Florida law, Orlando served a written notice-of-claim on Metropolitan Dade County (the county) (plaintiff) prior to filing a personal-injury lawsuit against the county. Orlando’s wife, Beatriz Reyes (defendant), joined Orlando’s lawsuit and filed a loss-of-consortium claim against the county. Beatriz did not provide a notice of claim to the county prior to filing her loss-of-consortium claim. The trial court dismissed Beatriz’s loss-of-consortium claim for failure to comply with statutory notice requirements. Beatriz appealed, and the appellate court reversed. The county then appealed to the Florida Supreme Court, arguing that Beatriz needed to independently file notice of her loss-of-consortium claim even though it was derivative of Orlando’s personal-injury claim.

Rule of Law

Issue

Holding and Reasoning (Overton, J.)

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